SHANTI DEVI Vs. RATTAN LAL

JUDGEMENT

(1.) This is second appeal against the order of the Rent Control Tribunal dated 22-2-1977, dismissing the application of the petitioner and holding that the proceedings for eviction were not liable to be reopened at her instance under proviso to Section 3 of the Delhi Rent Control (Amendment) Act, 1976 (hereinafter called the Amendment Act, 1976).

(2.) The petitioner's husband Mukat Behari (since deceased) was a tenant of the demised premises. The respondent landlord filed an application for eviction on the ground of bona fide need and got an order of eviction from the Rent Controller on 8-8-1972. Said Mukat Behari was however allowed four years time to surrender vacant possession. Mukat Behari died in April, 1975. In July, 1975. the respondent landlord moved an application for execution of the eviction order against the legal heirs of the deceased, the proceedings were pending when on 1-12-1975 an ordinance known as Delhi Rent Control (Amendment) Ordinance No. 25 of 1975 was issued, the said Ordinance has later on been replaced by the Amendment Act, 1976 which is deemed to have come into force on 1-12-1975.

(3.) The appellant moved an application on 10-12-1975 and sought to have the eviction order of 8-8-1972 passed against her deceased husband set aside and for reopening of the proceedings for eviction. The trial court allowed this application and set aside the eviction order dated 8-8-72. The landlord went up in appeal and the tribunal has held that the proviso to Section 3 of the Amendment Act, 1976 is not applicable and the proceedings are not liable to be reopened. He, therefore, dismissed the application of the appellant. Aggrieved the appellant has come up in second apeal to this Court.